Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-12-18

public money; under article ., the TeSu-
lating of procedure in criminal cases; un-
der articles 5, 6, and 7, would exist the
power to declare certain high crimes and
misdemeanors; and under article 8, to give
the assent of the State to the establishment
and confirmation of its boundary lines.
1t is difficult to
They can be binding on the people OF the
Commonwealth only as legislation. They
would be subject to be construed and en-
forced by the courts of that State only in
their character as laws.
But it seems to the committee that the
construction of the State constitution OF
West Virginia, upon which the above ar
gument is based, is one which will not
bear examination. When that constitu-
tion provided that the Legislature so con-
vened in extraordinary occasions should
enter upon no business except that stated
in the proclamation by which it was called
together" +" the people must be presumed to
have had in mind business to be transacted
under authority of the State constitution,
and not TO have intended TO prohibit the
performance of duties imposed upon it by
the supreme authority OF the Constitution
of the United States.
If the argument be sound that legisla-
tive body which is prohibited from enter
ing upon certain classes business, or which
is confined to certain classes Of business
clearly legislative in their character, is no
Legislature in the constitutional sense, its
logic would require US to declare that the
Legislature of every State whose bill OF
rights excludes it from large domains OF
legislation is no legislative body. IT.,
under the same provision Of the United
States, the act of Congress had fixed day
for holding elections for Representatives
to Congress, and the State constitution or
laws should prohibit the assembling of
the people for such elections on the day SO
fixed, it would, we suppose, be held clear
that the act of the State would be void
and the authority of the act of Congress
would prevail.
We can not see any difference between
such prohibition of a State constitution
applicable to the constitutional electors OF
Senator's, who are members of the State
Legislature, and the constitutional electors
OF Representatives, who are body of cleo
tors authorized to vote for members OF the
most numerous branch Of the State Lesisla'
tuTe.
We are therefore clearly Of the opinion
that the election of Dir. Faulkner at the
special session of the Legislature OF West
! Virginia was valid.
Ii is insisted that Mr.. Faulkner was in
eligible to the Office of Senator by reason OF
the provision of the Constitution OF West
| Virginia:
mo judge
DURING HIS TERM OF OFFICE
shall practice the profession of law or hold
any other office, appointment or public
trust, under this orauy other government,
and the acceptance thereof shall vacate his
judicial office. Nor shall he, during his
continuance, be eligible to any political
office. ."-AHicie 8, section Is.
But we are OF opinion that no State can
prescribe any qualification to the office OF
| United States Senator in addition to those
declared in the Constitution of the United
States. See the debates on the case of Mr.
Trumbull, Taft's Election Cases, page l48.
This provision, according to the settled
rule of construction, must be so construed
"a to attribute to ii meaning not incon-
| SiS.ent with the constitution OF West VIZ
ginia This can we'll and properly be
done By holding it to mean "eligible to
office under the constitution of West Vir-
ginia."
We therefore find that Mr.. Faulkner
has been constitutionally elected to the
seat in the Senate made vacant by the eX-
piratiOn OF the term of Mr. Camden, aud
that he is entitled TO take the oath.
We report the following resolutions:
Resolrrl, That Daniel Il. Lucas is not
entitled to seat in the Senate from the
State of West Virginia.
ResoIred, That Charles j. Faulkner has
been duly elected Senator from the State
of West Virginia for the term of six years,
commencing on the 4th day Of March,
1887, and that he is entitled to a seat in
| the Senate as such Senator"